Latest news with #SenateBill304
Yahoo
12 hours ago
- Politics
- Yahoo
Las Vegas sheriff frustrated after red-light camera, DUI bills fail: ‘We can do better'
LAS VEGAS (KLAS) — Several proposals in the Nevada Legislature aimed at curbing dangerous and impaired driving failed, leaving LVMPD Sheriff Kevin McMahill frustrated as more people in his jurisdiction die on valley roads. 'I got to be honest with you, I feel like I failed,' McMahill, who leads the Las Vegas Metropolitan Police Department, told the 8 News Now Investigators during an exclusive interview Wednesday. 'We can do better. We absolutely can do better, and politics played a role in these things not getting passed.' The 120-day legislative session ended Tuesday at midnight. Nevada lawmakers failed to pass any legislation this session to amend the state's DUI laws where death is involved, or several proposals to allow red-light cameras. McMahill pushed for the cameras in an attempt to discourage reckless and speeding drivers. 'I'm sick and tired of people dying on our roadways because of the bad behavior of other drivers,' he told a legislative committee in March. The bill failed to move forward and died in April. Two proposals aimed at enhancing sentences for DUI involving death also failed to become law. Nevada's DUI-with-death law carries a sentence of 2-20 years. A 1995 Nevada law requires judges to sentence a person to a range, meaning the maximum amount of time a DUI driver who kills can serve in prison before going before the parole board is eight years. The 8 News Now Investigators have found most drivers who kill serve those eight years or less, not 20. An amended version of Republican Nevada Gov. Joe Lombardo's crime bill, Senate Bill 457, would have increased the maximum amount of prison time for a DUI driver who kills to 25 years. Lombardo told the 8 News Now Investigators in March that he wanted to change the law to allow prosecutors to charge a DUI driver who kills with second-degree murder. The amended version would have carried a similar maximum sentence – 25 years — as the state's second-degree murder statute. However, the bill failed to pass the Nevada Senate amid a last-minute scramble and speech. A second proposal, Senate Bill 304, would have amended the state's vehicular homicide law to include all DUIs involving death. As currently written, a driver must have three prior DUI convictions to face a vehicular-homicide charge. The proposal would have negated the prior conviction clause, carrying a possible sentence of 10 to 25 years or 10 to life, the same as the state's second-degree murder statute. 'There's just tragedy, tragedy, tragedy all the way around, and it sickens me that I wasn't able to get this done, quite frankly,' McMahill said. Opponents have argued that imprisoning a person for years on the taxpayers' dime is not effective 'Who do you think is working against this?' 8 News Now Investigator David Charns asked the sheriff. 'I think there's a lot of people out there who advocate that this mass incarceration piece hasn't worked over the years,' McMahill said. 'And look, there's a few arguments I think that are valid on that side of the house. There's also a bunch of people that think we've become very soft on crime, and I think there's some arguments that are true there as well.' Nevada law classifies a person's first DUI as a misdemeanor. It carries a potential jail sentence of 2-180 days, though the law is written to say the time can be served through community service. The crime becomes a felony after a person's third DUI within seven years. Tougher penalties, including potential prison time, do not begin unless a person joins that three-plus club. A felony DUI conviction can carry prison time and require a driver to have an interlock device placed in their vehicle. One driver the 8 News Now Investigators followed racked up the three cases so quickly that he did not have a second DUI conviction before his third arrest, meaning all three remained misdemeanors. Records show in those first three DUI cases, municipal court judges ordered the driver to attend classes, stay out of trouble and pay a fine. 'The punishments are literally a slap on the hand,' McMahill said. 'The multiple, multiple DUI, I've watched your reports, you know exactly what I'm talking about, people can get away with a DUI over and over again and that's purely not acceptable.' A third proposal involving misdemeanor DUI, Senate Bill 309, passed and — 36 hours after the end of the session — showed as enrolled in the legislative system. The bill changes the minimum jail requirements for a person's second DUI offense within seven years, amending a possible penalty from 10 days in jail to 20. The bill also lowers the blood-alcohol threshold for when a defendant would be ordered into treatment. Several people blamed the failure of the governor's crime bill on its late introduction and last-minute votes in the final minutes of the legislative session. The governor submitted the crime bill in February, but the Legislative Counsel Bureau did not finalize it until April, a spokesperson for his office said. They added that Democratic leadership did not give the bill a hearing until May 28 — days before the end of the session. Lawmakers will not reconvene, except for special circumstances at the request of the governor, until February 2027. 8 News Now Investigator David Charns can be reached at dcharns@ Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 days ago
- General
- Yahoo
Nevada lawmakers fail to pass any DUI legislation this session
LAS VEGAS (KLAS) — Nevada lawmakers failed to pass any legislation this session to amend the state's DUI laws, even amid a push from Republican Gov. Joe Lombardo and families who lost loved ones. The 120-day legislative session ended Tuesday at midnight. Nevada's DUI-with-death law carries a sentence of 2-20 years. A 1995 Nevada law requires judges to sentence a person to a range, meaning the maximum amount of time a DUI driver who kills can serve in prison before going before the parole board is eight years. The 8 News Now Investigators have found most drivers who kill serve those eight years or less, not 20. An amended version of Republican Nevada Gov. Joe Lombardo's crime bill, Senate Bill 457, would have increased the maximum amount of prison time for a DUI driver who kills to 25 years. Lombardo told the 8 News Now Investigators in March that he wanted to change the law to allow prosecutors to charge a DUI driver who kills with second-degree murder. The amended version would have carried a similar maximum sentence as the state's second-degree murder statute. A second proposal, Senate Bill 304, would have amended the state's vehicular homicide law to include all DUIs involving death. As currently written, a driver must have three prior DUI convictions to face a vehicular-homicide charge. The proposal would have negated the prior conviction clause, carrying a possible sentence of 10 to 25 years or 10 to life, the same as the state's second-degree murder statute. During a hearing on Senate Bill 304 in April, several families of crash victims pleaded with lawmakers to implement stricter penalties. A third proposal, Senate Bill 309, would have changed the minimum jail requirements for a person's second DUI offense within seven years, amending a possible penalty from 10 days in jail to 20. The bill also lowered the blood-alcohol threshold for when a defendant would be ordered into treatment. Lawmakers will not reconvene, except for special circumstances at the request of the governor, until February 2027. Republican Gov. Joe Lombardo released a statement on the session, highlighting education funding, without mentioning the DUI proposals. Representatives for Democratic and Republican leadership did not immediately respond to requests for comment. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 days ago
- Politics
- Yahoo
Nevada on track to up DUI penalties to maximum 25 years in prison
LAS VEGAS (KLAS) — An amended version of Republican Nevada Gov. Joe Lombardo's crime bill would increase the maximum amount of prison time for a DUI driver who kills to 25 years. As initially written, Senate Bill 457 would also change Nevada law to charge DUI drivers who kill with second-degree murder. A version of the bill amended Monday would increase Nevada's DUI-with-death penalty to a maximum of 25 years, an increase from the current 20 years. As written, Nevada's DUI-with-death law carries a potential prison sentence of 2-20 years. However, a bipartisan 1995 law requires a judge to sentence a person to a minimum and maximum sentence, meaning in cases of DUI with death, the maximum amount of time a defendant will spend in prison without a parole hearing is eight years. The 8 News Now Investigators have found most drivers who kill serve those eight years, not 20. Should Lombardo's bill pass as amended, a DUI driver who kills could serve the minimum two years in prison or up to 10 years before they are released or go before the parole board. In essence, the maximum-minimum amount of time to be served would become 10 years — a change from the current eight years. However, a driver could, in theory, serve all 25 years. A 10-to-25-year sentence aligns with the penalties for second-degree murder. If a DUI driver who kills has prior convictions, the minimum would be increased from two years to five years, the amendment said. Senate Bill 457 passed the Nevada Senate with the amendment in a 20-1 vote. Democratic State Sen. James Ohrenschall was the only dissenting vote. Senate Bill 304, which would amend the state's vehicular homicide law to include all DUIs involving death, appeared unlikely to pass Monday. The proposal would carry a possible sentence of 10 to 25 years or 10 to life, also the same as the state's second-degree murder statute. The legislative session ends at midnight Tuesday. Lawmakers will not reconvene, except for special circumstances at the request of the governor, until February 2027. Opponents of the governor's crime bill, including the ACLU of Nevada, warn that other components in it violate a person's constitutional rights. Since February, the 8 News Now Investigators have explored Nevada DUI laws, including the fact that lawmakers proposed no immediate changes after a DUI driver killed two state troopers investigating a second DUI driver. Nevada prosecutors, including the Clark County District Attorney's Office, have tried to charge DUI drivers who kill a person and who speed and who drive with no care for another person's life, with murder, but the Nevada Supreme Court has ruled the DUI with death law is more appropriate. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
23-05-2025
- Yahoo
Nevada could soon charge DUI drivers who kill with second-degree murder
LAS VEGAS (KLAS) — A proposal to toughen Nevada's DUI laws could lead to murder charges for an intoxicated driver who kills, according to the bill's sponsor. Senate Bill 304 would amend the state's vehicular homicide law to include all DUIs involving death, its sponsor, Republican State Sen. Jeff Stone, of Clark County, told a legislative committee Thursday. The bill was stuck in a finance committee because the Nevada Department of Corrections estimates it will add more than $2 million to its budget due to the additional time offenders could serve in custody. Stone's original proposal would have amended the law to lower the previous number of DUI convictions a person needed on their record for prosecutors to charge a driver with vehicular homicide. Under the proposal, on Thursday, prosecutors would be able to charge any DUI driver who kills with vehicular homicide. The proposal would carry a possible sentence of 10 to 25 years or 10 to life, the same as the state's second-degree murder statute, said John Jones with the Nevada District Attorneys Association. 'It is the position of DAs across the state that getting behind the wheel of a motor vehicle while intoxicated and proximately causing the death of another person meets this threshold,' Jones said Thursday. Nevada prosecutors, including the Clark County District Attorney's Office, have tried to charge DUI drivers who kill a person and who speed and who drive with no care for another person's life, with murder, but the Nevada Supreme Court has ruled the DUI with death law is more appropriate. Should the bill pass, Nevada would have a clear distinction between vehicular homicide and DUI resulting in substantial bodily harm, Jones and Stone said. A second proposal, Senate Bill 457, which is part of Republican Gov. Joe Lombardo's crime bill, would also amend the law to charge DUI drivers who kill with second-degree murder. Representatives for Senate and Assembly Democrats previously told 8 News Now that both proposals remain under consideration. The legislative session ends June 2. Lawmakers will not reconvene, except for special circumstances at the request of the governor, until February 2027. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
15-05-2025
- Yahoo
‘That's it?' Proposals to toughen Nevada's DUI laws stall as families question minimum 2-year penalty
LAS VEGAS (KLAS) — Two proposals to toughen Nevada's DUI laws have stalled in the Nevada Legislature with just weeks left in this legislative session. Senate Bill 304 would amend the state's vehicular homicide law to kick in after a person's first DUI conviction should they then drive impaired and kill someone — right now, it's three strikes and you're out. A second proposal, Senate Bill 457, which is part of Republican Gov. Joe Lombardo's crime bill, would charge DUI drivers who kill with second-degree murder. Nevada prosecutors, including the Clark County District Attorney's Office, have tried to charge DUI drivers who kill a person and who speed and who drive with no care for another person's life, with murder, but the Nevada Supreme Court has ruled the DUI with death law is more appropriate. Nevada's DUI-with-death law carries a potential prison sentence of 2-20 years. However, a bipartisan 1995 law requires a judge to sentence a person to a minimum and maximum sentence, meaning in cases of DUI with death, the maximum amount of time a defendant will spend in prison without a parole hearing is eight years. 'How do you explain to a 9-year-old that the person they look up to and admire so much in life is only worth two years?' Kayla Padgett asked. Padgett's longtime boyfriend, Joshua Yokley, 43, died in April after police said a suspected DUI driver crashed into him. Yokley was riding a motorcycle on Lone Mountain Road near Rainbow Boulevard when Edward Dukes, 28, drove out of a Sante Fe Station parking lot and collided with the bike, police said. Dukes told police he had 'a few drinks inside' the casino before the crash, documents said. 'A very mischievous man with a very intimidating size who had a heart of gold,' Padgett said of Yokley. 'He was taken to the hospital, where they tried to save him for about three hours.' Padgett and Yokley's longtime friend, Mike Bracke, said the minimum two-year penalty is laughable. 'Why should we have to pay that burden of knowing that that person could literally go to jail for two years, and that's it?' Padgett said. 'How many families have to suffer before lawmakers finally pull their heads out of the sand and are like, 'Hm, something has to give,'' Bracke said. Nevada's vehicular homicide law, which Senate Bill 304 would amend, carries a potential prison sentence of up to 25 years. Its sponsor, Republican State Sen. Jeff Stone, previously said he wanted a minimum penalty of up to 30 years. However, lawmakers amended the bill to change the possible penalty to 2-20 years, the same as the current DUI-with-death law. 'You can't make that make sense to me,' Padgett said. As of Wednesday, Senate Bill 304 was stuck in a finance committee because the Nevada Department of Corrections estimates it will add more than $2 million to its budget due to the additional time offenders could serve in custody. The governor's proposal had yet to have a hearing, and there were no hearings scheduled for it as of Wednesday. The legislative session ends June 2. Lawmakers will not reconvene, except for special circumstances at the request of the governor, until February 2027. 'There is no conscionable reason for you to take physical control of an automobile while you are inebriated,' Bracke stressed. Yokley was an organ donor, Padgett and Bracke said. A spokesperson for Senate Democrats, who control that legislative body, said both proposals remain under consideration. 'Both of these measures remain under consideration, as we assess both the policy and the fiscal impact in light of the state's reduced budget situation,' a spokesperson for the caucus said. 'We're fully committed to passing strong public safety measures this session and both will be given fair consideration.' Representatives for Assembly Democrats, who also control that chamber, and for Lombardo did not return requests for comment. During Dukes' probable cause hearing on April 8, Las Vegas Justice Court Judge Suzan Baucum set bail at $250,000, records said. Dukes posted bond, and Baucum ordered him not to drive and to wear an alcohol-monitoring bracelet. A preliminary hearing in justice court was scheduled for May 22. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
